Consensus & Common English Law

In English law, the formation of a contract involves “consensus”. Describe how English Common law views, and classifies, pre-contract matters; and how this affects the process of negotiation and contract formation between business entities

Consensus & Common English Law

In the English common law, the consensus is the classical period.  In this law, it is important to meet the minds of two parties to make the contract enforceable. It seems the agreement between the parties over a particular issue or aspect, and it is protected by the common English law. The English common law reviews the consensus as to the initial stage of the contract. Interestingly, this law is quite different from offer and acceptance. Agreeing to the same thing in the contract is quite visible, and accordingly, other aspects of the legal process can be imitated (Jones, 2017).

Classification of the Consensus

The English common law depicts the classification of the consensus. For Instance, it can be depicted as a Federated Byzantine Agreement, as different people contain the consensus among the narrow circles. It has been revealed that these circles can take over others. Therefore, it is necessary to contain the overall consensus. Another type of the consensus under the English common law is “PoW” In this type of the classification; all participants remain anonymous. Interestingly, it demonstrates the limited trust in others and unlimited numbers.  There are two prominent types of consensuses, and these are top considerations in any contract with the common English law (Marson & Ferris, 2015).

Pre-Contract Matters

The consensus is important for different pre-contract matters. For Instance, a, the law requires the written proof of the consensus to initiate the further process of the contact. It makes the contract feasible and workable.  Interestingly, the law takes this consideration differently.  It is the initial stage of the contract, as mutual agreement or satisfaction of both parties must be depicted. Therefore, it looks like a pre-contract process. The common law assists in separating the differences through consensus, and therefore, it is an important part of the process.

Negotiation Process

Thus, the negotiation process is quite triggered by the consensus. For Instance, at the initial stage of the contractor or before the contract, parties or different business entities may contain differences. These differences are big barriers in contract enforcement.  The English common law provides a platform for different business organizations or entities to come up with the same agenda. The consensus seems a win-win situation for both parties before contact. Even in complex business situations, partners can negotiate through consensus. Ideas, outputs, and efforts are to be exchanged to agree on the same point. Therefore, it enables the effective negotiation process (Marson & Ferris, 2015).

Impact on Formulation

The impact on the formulation of the contract needs the common understanding of both parties. The actual internal stage of the mind must be integrated to formulate the contract effectively.  As mentioned, the consensus is triggered by the English common law, and therefore, the court has to view, the understanding or agreement of both parties to approve the contract. At the time of the formulation, both parties may maintain the structure of the contract process along with some key limitations or boundaries. Interestingly, in the consensus, these limitations or boundaries are navigated.

Between the business entities, the negotiation and formulation of the contract needs consensus. The English common law only protects those contracts, which are aligned with the consensus. The classification of consensus depends on the nature of the contract and different pre-contracts matters. If one party disagrees with different terms and conditions, it cannot depict the consensus (Jones, 2017).

In the end, it is to conclude that the contract formulation should be effective under the English common law. Both parties must know the complexities of common law, as far as the consensus and its relation to contract negotiation and formulation is concerned.

References

Jones, L. (2017). Introduction to Business Law. Oxford University Press.

Marson, J., & Ferris, K. (2015). Business Law. Oxford University Press.